Cash bail amendment, welfare eligibility to appear on April ballot
MADISON, Wis. (CBS 58) -- State lawmakers approved a constitutional amendment to allow judges to consider more factors when setting cash bail, such as whether a defendant poses a risk to public safety.
The Assembly voted (74 - 23) with 12 Democrats joining Republicans to pass the measure. It marked the final hurdle in a lengthy process to place the issue on the April 4 ballot where voters will decide whether to approve it.
The Assembly voted (74 - 23) to pass a constitutional amendment to allow judges to consider more factors when setting bail.
— Emilee Fannon (@Emilee_Fannon) January 19, 2023
12 Democrats joined Republicans to place the measure on the April 4th ballot where voters will decide whether to approve it.
The amendment first passed the Assembly and Senate in February 2022. Constitutional amendments must pass two consecutive legislative sessions before a ballot referendum is considered by voters. Gov. Tony Evers cannot veto constitutional amendments.
State Rep. Cindi Duchow (R-Town of Delafield) and Sen. Van Wanggaard (R-Racine) introduced the proposal after Darrell Brooks was out on $1,000 cash bail at the time of the Waukesha parade when he drove his SUV through the parade route killing six and leaving dozens injured. Brooks was convicted of six counts of homicide in December and sentenced to life in prison.
Under current law, cash bail is set as a way to ensure someone appears in court. The proposal would amend the constitution to allow court officials to consider the totality of the case, including whether the defendant has a violent criminal record, poses a threat to public safety, or if the individual is a flight risk.
"If they are currently looking at their past violent criminal history, they are violating their oath and I think judge ought to follow their oath," Duchow said.
Critics of the proposal say courts already have the ability to keep people accused of serious crimes behind bars.
A majority of Democrats, including Rep. Evan Goyke (D-Milwaukee), voted against the measure with the belief it could lead judges to setting higher bail amounts and only worsen poor defendants' ability to afford bail.
"If you think this resolution will result in all the dangerous bad guys staying in custody pretrial you are wrong because built into is a path to buy your way out of jail," Goyke said. "There's a dollar amount on every case. And those who have access to resources can buy their way out."
Duchow argued the proposal's intent is keep the community safe by giving judges more discretion when determining bail.
"The judge still has within their power to set the bail at $10 or $10,000 but it gives them all the information they need when making a decision and I think it's a commonsense change," Duchow said.
Lawmakers will have to define what's considered a "violent" crime if voters approve of amending the constitution. Duchow said that language will be introduced in coming weeks to add violent crimes such as child molestation, human trafficking, rape among others.
Welfare Referendum
In addition to the bail amendment, Republicans approved a nonbinding advisory referendum regarding welfare eligibility. It passed the Senate earlier this week. The measure will also appear on the spring ballot for voters to consider.
It asks voters whether abled-bodied, childless adults should have to search for employment in order to receive benefits.
Unemployed individuals and welfare recipients already must look for work under current laws, but during the pandemic the federal government put a hold on these requirements.